§ Lord Stoddart of Swindonasked Her Majesty's Government:
Further to the answer by the Baroness Ramsay of Cartvale on 26 October on closer political integration with the European Union (H.L. Deb., col. 480), what mechanism they will use to stop any attempt by any institution of the European Community, including the European Court of Justice, to make the Charter of Fundamental Rights or any provisions contained in it legally binding on and enforceable in the United Kingdom. [HL4493]
§ Baroness Scotland of AsthalIn June 1999 the Conclusions of the Cologne European Council called for a Charter of Fundamental Rights to be drawn up168WA to make those rights more visible. It was agreed that the charter would be drafted by a body called the Convention, consisting of 15 member states' representatives, 16 MEPs, 30 national parliamentarians and one Commissioner.
The Convention met regularly from December 1999 to October 2000. It circulated a final draft on 2 October. This was discussed by Heads of Government at the Biarritz Informal Council on 13–14 October. They agreed that the charter should be proclaimed as a political declaration at the Nice European Council in December. Copies of the charter text have been placed in the Libraries of both Houses.
The Government strongly support the charter. People need to know their rights and the EU institutions need to respect them. The charter will help on both counts. It sets out fundamental rights and principles that the EU institutions should respect when going about their daily business, and it promotes the visibility and accessibility of those rights.
The charter is not legally binding. It is addressed to the EU institutions, and to member states only when they are implementing Union law (Article 51(1)). It does not establish any new power or task for the Community or the Union or modify powers and tasks defined by the Treaties (Article 51(2)). It does not create any new powers for the ECJ. In deciding how to interpret fundamental rights, the ECJ is now, and will remain, free to have regard to relevant material. That may include the charter.
Individual charter articles should be read in the context of the declaration as a whole, including the horizontal provisions. The meaning and scope of articles derived from the European Convention on Human Rights shall be the same as that in the corresponding ECHR articles (Article 52(3)). Charter articles based on EC/EU Treaty rights shall be exercised under the conditions and within the limits defined by those Treaties (Article 52(2)). Other articles make clear that the rights they concern are given effect only to the extent that they have effect in national laws and practices.
The Government believe the charter will be good for Britain and good for Europe. Its successful negotiation is a vindication of our policy of positive engagement with our European partners. The charter cannot become legally binding unless all member states agree. We have made our opposition clear.
§ Lord Howell of Guildfordasked Her Majesty's Government:
Whether they support the proposal that the European Charter of Fundamental Rights should become mandatory. [HL4427]
§ Baroness Scotland of AsthalNo. The Government welcome the charter as a valuable political declaration of rights, freedoms and principles recognised within the EU. It has said from the beginning that the declaratory approach is the best way to enhance visibility while preserving legal certainty.